Does the FMLA guarantee job protection for an employee returning from active military service?

Yes, the Family and Medical Leave Act (FMLA) guarantees job protection for employees returning from active military service in California. Under federal law, employers with 50 or more employees must give up to 12 weeks of job-protected leave to an employee who is returning from active military service. During this leave, the employer must maintain the employee’s health insurance, and the employer must also restore the employee to their original job, or to an equivalent job, upon their return. If applicable, the employer must also provide any other benefits and privilege that were available prior to the FMLA leave being taken. In addition, the employer cannot discriminate against the employee because they took leave or because they are a member of the military. The employee also is eligible to receive any wages they would have earned while they were on leave, such as wages or bonuses. The FMLA also extends to military families. Employees are able to take unpaid leave if they need to care for an injured or ill family member due to active military service. This can include up to 26 weeks of leave over a 12-month period. Overall, the FMLA provides job protection and other benefits to employees returning from active military service in California. This is an important law that ensures military personnel and their families are protected and can focus on their health and well-being without the worry of job security.

Related FAQs

Does the FMLA provide job protection for employees with qualifying exigencies related to a family member's active military service?
Am I required to give my employer notice before taking FMLA leave?
Does the FMLA provide job protection for people affected by domestic violence?
Can an employee take FMLA leave for a vacation?
Can I receive compensation for wages or benefits lost due to FMLA violations?
Can I take FMLA leave to care for a seriously ill family member who lives overseas?
What if my employer retaliates against me for taking FMLA leave?
Can I take FMLA leave to care for a family member with a mental health condition?
Do I have to pay for my health insurance while on FMLA leave?
Can an employee be required to pay for health benefits while on FMLA leave?

Related Blog Posts

FMLA Law: What You Need to Know About Your Rights - July 31, 2023
Navigating the FMLA Leave Process: A Step-By-Step Guide - August 7, 2023
Employee Eligibility Requirements for FMLA Leave - August 14, 2023
Understanding How FMLA Leave Works in Your State - August 21, 2023
Explanation of Eligible Uses for FMLA Leave - August 28, 2023